Is This Legal?
This thread is intended to develop and discuss key points on whats needed to provide data to surveyors and engineers. The Nuts and Bolts of the question "Land surveyor license needed?"
I've been involved in the thread "Licensed Surveyor License Needed" and my personal intro thread that discussed integrating drones into my day to day duties as a Survey Tech. I use an Inspire 1 Pro with an X3 camera with an Ipad Pro and have employed it on over 60 projects from 1 acre plots to a 21 mile by 2000' corridor project over the past year with great success. On my intro thread, I stated that if anyone had any questions regarding drones and surveying, to drop me a line or call me and I'd share any and all info I've accumulated over the past several years of experience as a drone pilot in the survey industry. That still stands and I am eager to help where I can. It turns out that a lot of you are interested in generating survey/engineering deliverable/products and have questions about all aspects of the process. Lately, I've received questions from several guys asking the same questions and I want to take the time to clear the air and give some input on the most common and most important questions I've fielded over the past year. Its also worth noting that everyone thats contacted me regarding this topic was not a licensed surveyor or a licensed photogrammetrist. Just regular guys trying to figure this out. Also worth noting, I am not a lawyer and my thoughts and opinions stated hereon are intended to be for reference only and is not intended to be legal advice. I'm wading through the same struggles that you are, I'm just a few years ahead of most and have a lot of insider experience. I tell the guys that call me, "if you want to live on the bleeding edge of technology, your going to bleed". I am no exception to that saying and hope this thread can be your proverbial band-aid to some of your issues.
In order to accomplish this task (producing products for surveyors and engineers) and maintain clients and grow your business, you must have a great understanding of state law, FAA Regulations and Authorizations, UAS Piloting, Weather Conditions, AutoCad, Photogrammetric Methods, and the most fun, Geodesy and Map Projections. Sure you can buy a Phantom, take some pictures, upload them to a cloud based processing firm, and deliver that, but I'm here to tell you that you're going to fall short and your data will be unreliable and not reproducible, which is a deal breaker for surveyors. Cloud based processing firms can serve as a useful tool for some products, but the products that pays the bills will come from in-house processing. Personally, I use a fire breathing processing machine and Pix4d to produce 100% of my deliverable.
I'm just going to jump right in with the most important question you need to ask yourself.
Q: Is it legal to produce data for surveyors and engineers?
A: This is a loaded question that does not have one answer. It depends on which state you intend on working. You need to research your states statutes and determine if there is a Photogrammetry license in your state. I live in Idaho and there is no such license. But, there is a Photogrammetry license in Oregon. This means that in Oregon, if you're caught producing "photogrammetric data that is intended to be used for measurements" (orthos, ortho-planes, contours, volumes, etc.), you can get sued for providing a professional service without being licensed. If you get sued, your drone insurance is not going to cover it. You need professional liability insurance, which is not available unless you are licensed by the state. So, first look up your state laws on photogrammetry and if you find nothing, look up the laws for surveying. In Idaho, the word "photo" is only mentioned a few times in the state code for surveying. A couple times for photo ID and once for photogrammetry. The one mention of photogrammetry basically says that surveyors can employing a variety of methods to generate measurements, one of which being photogrammetry. That's it. This means that there are no state laws that prohibits or restricts what Billy Bob's Drone Services can provide, or to whom he can provide them to. Oregon on the other hand is very different. This varies greatly from state to state, so do your due diligence.
In the more strict states, the key phrasing that you need to be looking for is "responsible charge".
The best way of explaining this is to run a scenario.
The field guys that work for a PLS are "under the responsible charge" of the PLS because they are employees of the PLS. If you're providing a service or product that measurements are intended to be generated from as an independent contractor, your business, by nature, is not directly overseen by the responsible charge of a PLS, unless you have one on staff. In which case, you'd be providing a stamped product. But 99% of you are not licensed nor have a PLS on staff. That's why we're talking about this.
If you find yourself trying to conduct business in a state where photogrammetry is blanketed by the survey license or a photogrammetry license, you've found yourself between a legal rock and a hard place. I am in a unique positions as I work for a PLS and am eligible to become licensed, as of last April. But for the vast majority of you, you are not a PLS and have no intent on becoming such.
You might be saying, "well if I'm generating survey grade data, I'm going to be working very closely with the surveyor and he's going to be deeply involved in what I'm doing". That doesn't cut it in terms of the law. Its my understanding that by virtue of the fact that you are conducting business as an independent contractor, you are not under the responsible charge of the clients PLS. The only way I can see this working is if you become a temporary employee of the PLS. In essence, the PLS would be hiring you as a specialist field crew member that has all the authorizations and FAA requirements dealt with and has his own equipment to collect data for a specific project. Once the product has been developed, the terms of your employment would end.
So...
First things first. Is it legal to do what you want to do in your state? This is the most important question you can ask yourself before you develop a business plan for your drone business.
I look forward to continuing this thread with anyone thats interested in voicing their opinions and questions. Its my goal for this thread to cover specific questions as it pertains to this profession. As more questions arise, I intend on heading each question topic with a big, bold header like I've done on this on. (Is This Legal)
As always, I'm available and willing to talk to any and all regarding drones and surveying. Feel free to drop me a line. And above all, Safe Flying!
Best regards,
Dan Inloes
Dan@allproaerial.com

Anyone ran into problems for not having a land surveyor state license?
Providing aerial surveying can sometimes replace boots-on-the-ground topographic surveying. I expect there will (already been) push back that UAV data are not as accurate as ground measurements. For example, would a client prefer state licensed ground crew over a newbie UAV surveyor? How do you justify UAV other than lower cost?
Thanks,
Kam

Hi Everyone.
I'm a UAS part 107 pilot who recently moved and need to update my address in order to be compliant with FAA rules. I can't figure out where to go to do that.
Do I need to update my address here as well? https://iacra.faa.gov/IACRA/Default.aspx
Thanks in advance.
Jason.

Hi There, I am a Canadian photographer and bought a DJI 4 last week. I am teaching myself to fly and having a great time. Do you need drone training and certification in order to market yourself as a drone photographer (video & stills)so you can sell your services for private commissions? What happens if I work in the USA?
Thanks
Sid

Hi everyone. I am an avid RC enthusiast (since 2010) and somewhat close to retirement from the military. I am looking to start an aerial video service as a side job and very excited for the prospects...
Looking for any information right now on 107 certification and drone business tips/information. My goal is to provide a one stop shop for aerial video services focusing on:
- Real Estate
- Special occasions (weddings/parties)
- Land surveying
- 3D mapping
- Commercial aerial videography
I appreciate this forum and any feedback on tools/tips/trends/etc.
Many thanks
Jason Taylor